Alaska Administrative Code

(a) An owner of land must apply for a permit under this section if the (1) land is serviced by a driveway or approach road(A) that was constructed as part of a highway construction project after January 1, 2000, and for which a permit was issued before January 1, 2000; or (B) for…

(a) Except for an application for a permit to which 17 AAC 10.060(c) applies, an applicant for a driveway or approach road permit under 17 AAC 10.060 shall pay a nonrefundable application fee of $100 when an application is submitted. (b) An applicant for a permit, to which 17 AAC…

(a) An applicant required to perform a traffic impact analysis required under 17 AAC 10.060(c) is encouraged to compute traffic generated by a development in accordance with the Institute of Traffic Engineers' Trip Generation Manual. The department may require a traffic impact an…

(a) A permittee shall make improvements to a highway or intersection to maintain an acceptable LOS if a highway or intersection has an(1) acceptable LOS under 17 AAC 10.060(b) without traffic generated by the development; and (2) unacceptable LOS under 17 AAC 10.060(b), with traf…

(a) The department will, in its discretion, issue a permit for a driveway or approach road that does not require a traffic impact analysis under 17 AAC 10.060(c) upon the payment of the $500 performance deposit required under 17 AAC 10.065 by an applicant. (b) The department will…

If a proposed development within a municipality, along a road that is not on the state highway system, has an impact upon a highway on the state highway system, the department will cooperate with the appropriate municipal planning and zoning authority in the preparation of a traf…

(a) Except for a conveyance of land by a commissioner's deed issued under 17 AAC 05.020, or an encroachment permit issued under 17 AAC 10.011, the provisions of 17 AAC 10.100 through 17 AAC 10.120 apply to a disposal of land, or an interest in land, contained within a highway rig…

(a)The department may convey the interest that it holds in a parcel of excess right-of-way to an adjoining property owner, if the adjoining property owner applies for the conveyance and pays a $200 nonrefundable application fee, and if the (1) adjoining property is the land from …

(a) If a parcel of excess right-of-way may be developed without the use of other land, and any adjoining owner who qualifies to purchase the land under 17 AAC 10.105 declines an opportunity to purchase the land, the department will, in its discretion, dispose of the parcel of lan…

(a) If a parcel of excess right-of-way is offered for sale by competitive sale under 17 AAC 10.110, and no bids satisfactory to the department are received, the department will, in its discretion, list the particular parcel for sale with a real estate broker licensed under AS 08.…

(a) For the purpose of a land exchange under AS 19.05.110, AS 19.05.120, AS 35.20.040, or AS 35.20.050, the department will, in its discretion, use excess right-of-way in the transaction. (b) The department will not make an exchange of land under this section without(1) preparing…

The department will convey land or interests in land under 17 AAC 10.100 - 17 AAC 10.120 by (1) quitclaim deed, in a form prescribed by the department, and subject to any utility permit issued under 17 AAC 15; and (2) any other transfer documents the department determines are nec…

(a) If a parcel of land is located outside of the right-of-way limits of a highway, the department will, in its discretion, dispose of the land, or an interest in the land, under the provisions of this section. Before making a disposal under this section, the department will prep…

An applicant aggrieved by the department's denial of a permit under this chapter, or by any condition attached to a permit, may appeal the department's decision under 17 AAC 85. Notes 17 AAC 10.950 Eff. 5/4/2000, Register 154 Authority:AS 19.05.020 AS 19.05.040 AS 19.30.051 AS 19…

Unless the context requires otherwise, in this chapter (1) "commemorative plaque" means a sign that is authorized by law and that describes the accomplishments of a person with a relationship to the locality of a rest stop or pullout; (2) "design year" means the year that is 10 y…

Notes 17 AAC 12.010 Eff. 8/23/2009, Register 191; repealed 2/19/2021, Register 237, April 2021

Notes 17 AAC 12.020 Eff. 8/23/2009, Register 191; repealed 2/19/2021, Register 237, April 2021

Notes 17 AAC 12.030 Eff. 8/23/2009, Register 191; repealed 2/19/2021, Register 237, April 2021

Notes 17 AAC 12.040 Eff. 8/23/2009, Register 191; repealed 2/19/2021, Register 237, April 2021

Notes 17 AAC 15.010 Repealed 5/23/82.

(a) Upon written application, the department may issue a permit authorizing the applicant to construct or install utility facilities within a department right-of-way. Permits for railroad facilities will be issued under 17 AAC 15.471 - 17 AAC 15.551. (b) In analyzing whether to i…

Utility permits will, in the department's discretion, be issued on airports and public facilities other than highways. These permits are subject to the following provisions of this chapter: (1)17 AAC 15.011 - 17 AAC 15.111 on utility permits except for 17 AAC 15.031; (2)17 AAC 15…

Notes 17 AAC 15.020 Repealed 5/23/82.

(a) Application for issuance of a utility permit must be made on a form prescribed by the department and in accordance with the Alaska Right-of-Way Manual and Alaska Utilities Manual adopted by reference in 17 AAC 20.950(6) and (7). (b) The application must describe in detail the…

Notes 17 AAC 15.030 Repealed 5/23/82.

(a) Utility permits are required only for section-line rights-of-way presently used or proposed for use by the department. A person seeking to install a utility facility within a section-line right-of-way shall check with the department to determine whether the department present…

Notes 17 AAC 15.040 Repealed 5/23/82.

(a) The applicant shall pay a $600 nonrefundable fee in a form acceptable to the department for those permits, including amendments, that allow (1) installations of aerial or underground distribution and transmission lines; (2) duct systems; (3) utilidors and utility tunnels, inc…

Notes 17 AAC 15.050 Repealed 5/23/82.

The department will, in its discretion, require a bond or assurance to pay for damage to or repair of a highway or other state property which may result from a permittee's construction along, in, over, or under a department right-of-way. The department will determine the amount a…

Notes 17 AAC 15.060 Repealed 5/23/82.

The permittee shall indemnify and hold harmless the state from all liability for damage to property and injury or death of persons arising wholly or in part from any action taken by a permittee in relation to the permittee's facilities on department rights-of-way or other permitt…

Notes 17 AAC 15.070 Repealed 5/23/82.

(a) A permittee may not assign or transfer any rights granted by the utility permit to another individual or other entity without prior written approval from the department. (b) When a permittee sells out to another utility, or combines or merges with another utility, or otherwis…

Notes 17 AAC 15.080 Repealed 5/23/82.

(a) The department will, in its discretion, require two or more utilities desiring to locate facilities on a department right-of-way to jointly use a single facility. (b) Utilities jointly using utility facilities or the same location, trench, or conduit within the department rig…

Notes 17 AAC 15.090 Repealed 5/23/82.

(a) The department may revoke or suspend a utility permit, or issue a notice of violation, if (1) the facilities were not constructed or installed in accordance with the terms of the utility permit; (2) the facilities do not conform to the applicable federal, state, and local sta…

Notes 17 AAC 15.100 Repealed 5/23/82.

(a) The department will require an amendment to an existing utility permit or new permit for all utility service connections subsequent to the issuance of the original permit for the distribution, collection, or feeder line facility. (b) The department may allow a permittee to in…

Notes 17 AAC 15.110 Repealed 5/23/82.

(a) Any utility facility installation located within a department right-of-way without a utility permit is an unauthorized encroachment, except for a facility installed (1) before July 1, 1960; (2) before the road became a part of the state highway system; (3) in accordance with …

Notes 17 AAC 15.120 Repealed 5/23/82.

Notes 17 AAC 15.130 Repealed 5/23/82.

(a) A utility facility may not be installed within the controlled-access limits of a highway unless the utility demonstrates to the satisfaction of the department that (1) a feasible alternative does not exist; and (2) the proposed utility facility will not adversely affect the d…

Notes 17 AAC 15.140 Repealed 5/23/82.

Notes 17 AAC 15.141 Eff. 5/23/82, Register 82; repealed 7/15/2009, Register 191